Citation : 2024 Latest Caselaw 638 UK
Judgement Date : 9 April, 2024
HIGH COURT OF UTTARAKHAND AT
NAINITAL
THE HON'BLE CHIEF JUSTICE MS. RITU BAHRI
AND
THE HON'BLE JUSTICE SRI RAKESH THAPLIYAL
9th April, 2024
Special Appeal No. 232 of 2022
Gopal Dutt Rikhadi .....Appellant
Versus
Uttarakhand Forest Development Corporation and others
........Respondents
Counsel for the appellant : Mr. Sandeep Tiwari, learned counsel
Counsel for the respondent : Ms. Seema Sirohi, learned counsel
nos.1 to 4
Judgment: (per Ms. Ritu Bahri, C.J.)
The short question for consideration in this
appeal is whether the appellant, who has been given
payment of his post retrial benefits after the delay with
regard to the payment of interest for delay in payment in
view of the judgment dated 06.07.2022. The Writ Petition
was allowed giving direction to the respondents to remit
the entire retrial dues, all its arrears and by setting aside
the show cause notice dated 25.08.2017, which was
issued to him after post retirement. The petitioner had
retired on 31.08.2015. The retiral benefits have been
released, however, the interest has not been paid.
2. Since the writ petition has been allowed, the
appellant has a right to claim his benefit of interest also.
The judgement dated 06.07.2022 is being modified to the
extent that all the retiral benefits which was paid post
2
retirement is directed to be paid @ 9% interest from the
date of his superannuation i.e. 31.08.2015. The payment
of interest will be paid within a period of two months. The
respondent will inform the Court also.
3. The Appeal stands disposed of.
___________________________
Ritu Bahri, C.J.
___________________________ Rakesh Thapliyal, J.
Dt: 9th April, 2024 KKS
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